CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. 03-15-00285-CV
Regular Panel Decision
Jul 01, 2015

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

This case involves an appeal filed by Volkswagen Group of America, Inc. and Audi of America, Inc. (Appellants) against John Walker III, Chairman of the Texas Department of Motor Vehicles Board, and Administrative Law Judges Michael J. O'Malley and Penny A. Wilkov (Appellees). Appellants sought injunctive relief in district court to prevent Appellees from proceeding with an allegedly ultra vires remand of an administrative contested case after a Proposal for Decision (PFD) had been issued. The district court dismissed the lawsuit based on governmental immunity and failure to exhaust administrative remedies. Appellants argue that Appellees' actions, including ordering the remand and reopening evidence, exceeded their statutory authority under the Administrative Procedure Act and Texas Occupations Code, making governmental immunity inapplicable and exhaustion of remedies unnecessary.

Administrative LawUltra Vires ActsGovernmental ImmunityExhaustion of RemediesJudicial ReviewAgency AuthorityState Office of Administrative HearingsRemandContested CasesStatutory Interpretation
References
31
Case No. 15-25-00061-CV
Regular Panel Decision
Apr 02, 2025

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Fort Bend County appeals a temporary injunction granted by a Harris County District Court, which prevents discovery of mental health records in an ongoing workers' compensation dispute. The underlying administrative case involves a claim for death benefits by Joshua Heiliger, whose spouse, Lauren Brittane Smith, was a paramedic. Heiliger asserts Smith's mental health condition and stress contributed to her death, thus placing her mental health at issue. The Division of Workers' Compensation's Administrative Law Judge (ALJ) issued a subpoena for Smith's mental health records from her psychiatrist, Dr. John Marcellus. Heiliger bypassed the administrative process by obtaining the injunction in District Court. Fort Bend County argues the District Court erred in interfering with the Division's exclusive jurisdiction and that Heiliger failed to exhaust administrative remedies or demonstrate irreparable injury, as Texas law provides a qualified privilege for mental health records with exceptions relevant to this case.

Workers' CompensationTemporary InjunctionDiscovery DisputeMental Health RecordsSubpoena EnforcementAdministrative Law JudgeExclusive JurisdictionExhaustion of Administrative RemediesQualified PrivilegePatient-Litigant Exception
References
53
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. M2014-01073-COA-R3-CV
Regular Panel Decision
Jun 23, 2015

Administrative Management Resources, LLC v. James G. Neeley

Administrative Management Resources, LLC (AMR) appealed a decision affirming that it engaged in SUTA dumping by illegally transferring employees between commonly owned entities to obtain lower unemployment insurance premium rates. The Tennessee Department of Labor and Workforce Development, represented by James G. Neeley, had assessed significant penalties against AMR. The Court of Appeals of Tennessee at Nashville affirmed the chancery court's decision, finding substantial and material evidence supported the Department's determination that AMR knowingly violated the Tennessee Employment Security Law. The court also rejected AMR's arguments regarding the Department's authority to aggregate accounts and its due process claims concerning notice and procedural fairness during the administrative hearing.

SUTA dumpingunemployment insurancepremium rate manipulationemployee transfersTennessee Employment Security Lawadministrative decision reviewappellate affirmationcommon ownershipdue processstatutory violation
References
22
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. MISSING
Regular Panel Decision

New York State Ass'n of Nurse Anesthetists v. Novello

This is a dissenting opinion challenging the majority's conclusion that an association of New York Certified Registered Nurse Anesthetists (CRNAs) lacks standing to sue the Commissioner of Health. The CRNAs challenged new 'Guidelines' which stipulate that CRNAs should provide services in office-based surgery only under supervision by a physician, dentist, or podiatrist 'qualified by law, regulation or hospital appointment to perform and supervise the administration of the anesthesia.' The dissent argues that the Guidelines, though presented as recommendations, are effectively regulations that will severely injure CRNAs' employment opportunities by requiring the presence of an anesthesiologist, making CRNAs redundant due to cost-prohibitive duplication of services. The dissenting judge criticizes the majority for deeming the CRNAs' evidence of economic harm as 'speculation' despite extensive factual showings from affidavits, asserting that precedent supports standing in such cases.

CRNA supervisionStandingGuidelines as regulationsEconomic injuryNurse anesthetistsAnesthesiologist supervisionOffice-based surgeryHealthcare regulationsJudicial dissentPhysician qualification
References
4
Case No. 04-12-00681-CV
Regular Panel Decision
Jul 24, 2013

the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood

This is an interlocutory appeal concerning the denial of a plea to the jurisdiction filed by the Texas State Office of Administrative Hearings (SOAH) in a wrongful termination case. Former Administrative Law Judges (ALJs) Carol Birch, Charles Homer, Ann Landeros, and Carol Wood sued SOAH, alleging employment discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) and common law wrongful termination. The SOAH appealed the trial court's denial of its pleas to the jurisdiction, arguing the ALJs failed to provide prima facie evidence for their claims, thus negating sovereign immunity waiver. The appellate court affirmed the denial of SOAH's plea for Wood's and Birch's age and gender discrimination claims, and Birch's retaliation claim for seeking accommodation due to sufficient evidence. However, the court reversed and rendered judgment dismissing all claims by Landeros and Homer, Wood's retaliation claim, Birch's disability discrimination claim, and Birch's retaliation claim related to speaking out against disparate treatment, due to insufficient evidence.

Employment DiscriminationRetaliationSovereign ImmunityPlea to the JurisdictionConstructive DischargeAdverse Employment ActionTexas Labor CodeTCHRAAdministrative Law Judges (ALJs)Age Discrimination
References
52
Case No. 13-14-00725-cv
Regular Panel Decision
Jul 23, 2015

Dos Republicas Coal Partnership v. David Saucedo, as Floodplain Administrator and County Judge of the Maverick County Commissioners Court, and the Maverick County Commissioners Court

Dos Republicas Coal Partnership (DRCP) appeals the Floodplain Administrator's denial of its permit for mining operations in a floodplain. DRCP argues the Administrator's decision, based on an over-expansive view of the ordinance and personal experience, renders the ordinance unconstitutionally vague and is preempted by state law. They contend their permit application met all conditions, as expert testimony showed the mining plan would decrease existing flood risks, making the permit grant a ministerial duty, not discretionary. DRCP also challenges the lack of a written explanation for the denial, arguing it signifies arbitrary and capricious action. The brief requests the Court to reverse the trial court's judgment and issue a writ of mandamus for the permit.

Floodplain ManagementCoal MiningPermit DenialAdministrative DiscretionStatutory PreemptionWater Quality RegulationTexas LawAppellate ReviewMandamusEnvironmental Law
References
26
Case No. 03-01-00631-CV
Regular Panel Decision
Jun 21, 2002

Everest National Insurance Company v. Texas Workers' Compensation Commission Subsequent Injury Fund Leonard W. Riley, Jr., in His Official Capacity as Director of Texas Workers' Compensation Commission And John Casseb, in His Official Capacity as Administrator of Subsequent Injury Fund

Everest National Insurance Company (Everest) sought reimbursement from the Subsequent Injury Fund for overpaid workers' compensation benefits after district court judgments reversed prior agency decisions. The Fund denied a portion of the requested amount, leading Everest to file a declaratory judgment suit in district court. The district court dismissed the suit, citing lack of subject-matter jurisdiction due to Everest's alleged failure to exhaust administrative remedies. The Texas Court of Appeals reversed this decision, holding that Everest was not required to exhaust administrative remedies because the Fund had previously stated no such remedies existed. The appellate court found Everest was authorized to bring a direct suit for declaratory relief under the Uniform Declaratory Judgments Act to enforce the Fund's statutory obligation, remanding the case for a decision on the merits.

Workers' CompensationInsurance ReimbursementSubsequent Injury FundAdministrative Procedure ActDeclaratory JudgmentExhaustion of Administrative RemediesSubject-Matter JurisdictionStatutory InterpretationTexas Court of AppealsJudicial Review
References
8
Showing 1-10 of 5,769 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational